Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5150 of 2015 Applicant :- Gajraj Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudhir Agrawal,Anoop Trivedi,D.B. Mishra,Manish Kumar Dwivedi,Sushil Kumar Dwivedi Counsel for Opposite Party :- Govt. Advocate
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against two accused persons, namely Bhaiyalal and Gajraj alleging that on 31.01.2014 they assaulted Kalawati. She received five injuries. Two were on head and due that injuries she died.
Learned counsel for the applicant submitted that applicant applicant is languishing in jail since 13.2.2014 (about four years and eight months); having no criminal history; the applicant is innocent and has been falsely implicated in the present case; general role has been assigned to both the accused; there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Learned counsel for the applicant further submitted that there is no possibility of case being decided in near future.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Gajraj involved in Case Crime No. 08 of 2014, under Section 304, 323, 540 IPC, Police Station- Mohabbatpur Painsa, District-Kaushambi be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.11.2018 OP